GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628

GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 November 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and consent was granted to development application 1438/2015 subject to conditions.
Legal Topics
['development Application' 'residential Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'residential Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to the development application subject to conditions.

Court Disposition

The appeal was upheld and consent was granted to development application 1438/2015 subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent is granted to development application 1438/2015, for a residential subdivision comprising 127 lots, at Lot 2 DP 1100181, at 79 Berkeley Road, Berkeley Vale, subject to the conditions contained in the annexure marked "A" to this agreement.']